Mapping the Law

Essays in Honour of Peter Birks

Edited by Andrew Burrows and Alan Rodger

Covers a wide range of topics of interest to private law scholars, ranging from unjust enrichment and restitution, comparative perspectives, Roman law, and legal history

Written by the foremost scholars in their areas of contribution

Mapping the Law

Essays in Honour of Peter Birks

Edited by Andrew Burrows and Alan Rodger

Description

This collection of essays celebrates the life and work of Peter Birks. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations law is legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment.

The works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence.

As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognized as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection acknowledges and pays tribute to Peter Birks' work.

Mapping the Law

Essays in Honour of Peter Birks

Edited by Andrew Burrows and Alan Rodger

Table of Contents

Preface/Acknowledgements Biographical Sketch Addresses Given at the Memorial Service for Peter Birks on 20 November 2004 in the University Church of St Mary the Virgin, Oxford List of Contributors INTRODUCTION, Andrew Burrows and Alan RodgerTHE ENGLISH LAW OF UNJUST ENRICHMENT AND RESTITUTION 1. The Evolution of the Species, Francis RoseGeneral Concepts 2. Absence of Basis: The New Birksian Scheme, Andrew Burrows3. Three Enrichment Issues, Robert Stevens4. Some Thoughts on Change of Position, Gareth Jones5. The Role of Fault in the Law of Restitution, Graham Virgo6. Subrogation: Persistent Misunderstandings, Charles Mitchell7. Tracing, Lionel Smith8. Gain-based Damages and Compensation, JamesEdelmanSome Particular Unjust Factors 9. Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrödinger's Cat?, Jack Beatson10. The Further Travails of Duress, Ewan McKendrick11. Undue Influence: Beyond Impaired Consent and Wrong-doing Towards a Relational Analysis, Mindy Chen-Wishart12. Unjust Enrichment, Discharge for Breach and the Primacy of Contract, Gerard McMeelProperty, Insolvency and Restitution 13. Resulting Trusts, Robert Chambers14. Jones v Jones: Property or Unjust Enrichment?, Peter Millett15. Unjust Delivery, William Swadling16. The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences, Roy GoodeTHE COMPARATIVE LAW OF UNJUST ENRICHMENT AND RESTITUTION 17. Restitution after Termination for Breach of Contract: German Law after the Reform of 2002, Reinhard Zimmermann18. No Basis: a Comparative View, Sonja Meier19. Unjust Enrichment as Absence of Basis: Can English Law Cope?, Gerhard Dannemann20. The fallacy of 'Restitution for Wrongs', Thomas Krebs21. Peter Birks and Scots Enrichment Law, Hector MacQueenROMAN LAW 22. What Did Damnum Iniuria Actually Mean?, Alan Rodger23. The Romanisation of Spain: The Contribution of City Laws in the Light of the Lex Irnitana, Georg Wolf24. Absent Parties and Bloody-Minded Judges, Ernest Metzger25. 'You Can Never Tell With Bees': Good Advice From Pooh for Students of the Lex Aquilia, Arianna Pretto-Sakmann26. Law Arrivals: The Appendix in Justinian's Digest Reconsidered, Tony Honore27. Logic and Experience in Roman Law, David Johnston28. Unjust Enrichment: the Tenant's Tale, Eltjo SchrageLEGAL HISTORY 29. Bezoar-Stones, Gall-Stones and Gem-Stones: a Chapter in the History of the Tort of Deceit, John Baker30. Denials Ancient and Modern, with some Roman Footnotes, Jeffrey Hackney31. Rumford Market and the Genesis of Fiduciary Obligations, Joshua Getlzer32. Slavery and the Roman Law of Evidence in 18th-Century Scotland, John Cairns33. Sir William Jones and the Nature of Law, David IbbetsonTHE PUBLICATIONS OF PETER BIRKS 1969-2005 Eric Descheemaeker

Mapping the Law

Essays in Honour of Peter Birks

Edited by Andrew Burrows and Alan Rodger

Author Information

Andrew Burrows is Norton Rose Professor of Financial and Commercial Law, and Fellow of St Hughes College, Oxford. He has contributed to Chitty on Contracts (29th edition, Sweet and Maxwell, 2004) and is the author of Remedies for Torts and Breach of Contract (3rd edition, Oxford 2004). Lord Rodger is Lord of Appeal in Ordinary, a Fellow of the British Academy, President of the Expert Witness Institute, and Honourary Professor of Law at the Universities of Aberdeen and Glasgow. He has authored Owners and Neighbours in Roman Law (Oxford, 1972).